Cumberland Mutual Fire Insurance v. Express Products, Inc.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal is from the District Court’s grant of summary judgment in favor of two insurers, Maryland Casualty Company (Maryland) and Cumberland Mutual Fire Insurance Company (Cumberland), in declaratory judgment actions brought by the insurers to establish the scope of their duty to defend and indemnify their insured, Express Products (Express). Inter alia, the insurers sought judgments concerning their obligations in relation to a class action brought in Illinois state court in 2004 alleging that Express transmitted unsolicited advertisements via fax…